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Course 2020-2021 a.y.

50098 - ADVANCED CONSTITUTIONAL LAW - CONSTITUTIONAL JUSTICE

CLMG
Department of Law

Course taught in English


Go to class group/s: 31

CLMG (8 credits - I sem. - OBS  |  IUS/08)
Course Director:
ARIANNA VEDASCHI

Classes: 31 (I sem.)
Instructors:
Class 31: ARIANNA VEDASCHI


Suggested background knowledge

Only for CLMG students, it is necessary to pass the exam of Italian and European Constitutional Law/Diritto Costituzionale Italiano ed Europeo.


Mission & Content Summary
MISSION

The course “Advanced Constitutional Law – Constitutional Justice” has two main purposes. On the one hand, it aims at teaching students how constitutional courts, both in Italy and abroad, work. In fact, the course, besides providing learners with a strong background in Italian constitutional justice and case law, focuses also on foreign courts and on the interactions between domestic and supranational courts. On the other hand, the course aims at enhancing students’ capacity to analyse the contemporary legal scenario, thanks to class seminars and case-studies focused on topics of current interest. At present, any legal professional is required to have a deep knowledge of what happens beyond domestic borders and to be able to apply his/her legal skills in order to examine and evaluate developments in the contemporary scenario.

CONTENT SUMMARY

The main topics of the course are:

  • The origins of constitutional justice.
  • The models of constitutional justice.
  • Atypical functions of constitutional courts.
  • The Italian Constitutional Court. Origins, sources and organization.
  • The incidental method of judicial review and the direct method of judicial review.
  • Conflicts of attribution.
  • Judicial deference in times of emergency.
  • The admissibility of referenda.
  • The charges against the President of the Republic.
  • The Italian style in constitutional adjudication.
  • The preliminary ruling to the Court of Justice of the European Union.
  • The relations of the Italian Constitutional Court with the European Court of Human Rights.
  • Judicial reasoning: balancing, reasonableness, proportionality.
  • The Constitutional Court and civil society.
  • The road to a constitutional court decision.
  • The decisions of the Constitutional Court and their effects.
  • The Constitutional Court and the Parliament.
  • The audiences of the Constitutional Court.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Classify models of constitutional justice that can be identified in the comparative scenario.
  • Describe and understand how the Italian Constitutional Court works.
  • Describe and understand how some selected foreign courts work.
  • Explain the relationship and the interplay between domestic constitutional courts and supranational courts.
  • Identify and understand the case law of supreme, constitutional and supranational courts on some selected topics.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Critically analyse the case law of supreme, constitutional and supranational courts.
  • Interpret the contemporary scenario through the lenses of constitutional law and comparative law.
  • Elaborate solutions to legal issues arising from practical situations and evaluate their pros and cons.
  • Engage in a discussion on a legal topic with both instructors and peers.

Teaching methods
  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Company visits
  • Case studies /Incidents (traditional, online)
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)
DETAILS

Along with face-to-face/online lectures, supported by the use of slides and interactive presentations, students are invited to attend guest speakers’ talks (in class or in distance), held by prominent experts (professors, judges etc.).

Students are also called to attend interactive class activities (class seminars) and case-studies.

Class seminars consist of interactive sessions in which students are asked to analyse and discuss legal issues arising from topics of current interest, in which constitutional, supreme or supranational courts play a role.

Case-studies are organized as follows. Before class, students are required to read case-study materials (courts’ decisions, papers, essays), made available in advance through Blackboard. In class, a debate on the case-study is stimulated, in which all students are invited to actively take part.

Moreover, an external visit to the Constitutional Court is organized (provided that enough students are interested in taking part in the visit and that restrictions due to the Covid-19 emergency allow the visit to take place). During their visit to the Constitutional Court, students can attend a public hearing of the Court.


Assessment methods
  Continuous assessment Partial exams General exam
  • Oral individual exam
  •     x
  • Active class participation (virtual, attendance)
  • x    
    ATTENDING STUDENTS

    Oral exam, addressing theoretical issues and aimed at assessing whether learners have achieved the set goals in terms of knowledge, as regards the classification of models, the description of how the Italian Constitutional Court and other selected courts work and how their relationship with supranational courts evolved over time, the identification of judicial approaches and trends in case law. The ability to use appropriate language is considered too. Moreover, active participation in class seminars and case-studies is evaluated, in order to assess whether students can critically analyse cases examined in class, discuss some current topics from a constitutional law and comparative law perspective, identify legal issues arising from them and evaluate pros and cons of prospected solutions. For attending students, at least one question within the oral exam concerns a case-study or a class seminar.

    NOT ATTENDING STUDENTS

    The final mark is determined by the evaluation of the oral individual exam. For non-attending students, the whole interview is based on theoretical aspects of the course, in order to assess whether they have achieved the set goals in terms of knowledge, as regards the classification of models, the description of how the Italian Constitutional Court and other selected courts work and how their relationship with supranational courts evolved over time, the identification of judicial approaches and trends in case law. The ability to use appropriate language is evaluated too.


    Teaching materials
    ATTENDING STUDENTS

    V. Barsotti, P.G. Carozza, M. Cartabia, A. Simoncini, Italian Constitutional Justice in Global Context, Oxford University Press, 2015 (more information will be available in the Syllabus).

     

    V. Barsotti, P.G. Carozza, M. Cartabia, A. Simoncini (eds.), Dialogues on Italian Constitutional Justice.

    A Comparative Perspective, Routledge, 2020 (more information will be available in the Syllabus).

     

    Papers and essays made available to students through Blackboard.

    Cases are available on the website of the Constitutional Court at www.cortecostituzionale.it.

     

    Slides and class notes.

    NOT ATTENDING STUDENTS

    V. Barsotti, P.G. Carozza, M. Cartabia, A. Simoncini, Italian Constitutional Justice in Global Context, Oxford University Press, 2015 (more information will be available in the Syllabus).

     

    V. Barsotti, P.G. Carozza, M. Cartabia, A. Simoncini (eds.), Dialogues on Italian Constitutional Justice.

    A Comparative Perspective, Routledge, 2020 (more information will be available in the Syllabus).

    Last change 26/08/2020 10:17